R+C+G Station, Inc. v. Urbieta Oil, Inc., 2012 U.S. Dist. LEXIS 79033 (S.D. Fla. 6-7-12)
A commission agent is not a "retailer" for purposes of the PMPA, even where he has certain indicia of independence and entrepreneurial responsibility characteristic of independent businessmen. Defendant's motion to dismiss the plaintiff's PMPA claim was, therefore, granted.
Plaintiff commission agent's reassertion of a "fundamentally unavailing" PMPA claim, after an earlier court ruling on the issue, constituted a misuse of the parties' resources as well as those of the court, unnecessarily prolonging the litigation and justifying an award of attorneys' fees to the defendant.